Matthews Folbigg Lawyers

06/08/2026

Pursuant to s 57 of the Federal Court of Australia Act 1976 (Cth), the Federal Court of Australia has the power to appoint a receiver on terms and conditions it thinks fit where it is just or convenient to do so.

However, this power is generally exercised cautiously and as a ‘last resort’ in circumstances where a more cost-effective means of enforcement is not otherwise available or practicable.

The case of Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37 offers some insight into the basis of the Court’s statutory power to appoint a receiver to real property to recover an unsecured judgment debt and the matters which the Court will consider in making such an appointment

Read our article on the case, published to Mondaq:

Federal Court of Australia does not possess an inherent jurisdiction in the same sense as the State Supreme Courts.

04/08/2026

Bonjour from the boardroom! 🥖

On 23 July 2026, nine of our amazing staff swapped their briefs for baguettes, volunteering at the Ronald McDonald House in Westmead to take part in their annual Meals from the Heart Program!

Our MF brigade stepped up in the kitchen, serving up a French-inspired dinner for the 60+ families staying at the Westmead House.

Starting with French onion soup and ending with some yummy eclairs, it was a wonderful evening of giving back to the families doing it tough.

Matthews Folbigg is a proud sponsor of Ronald McDonald House Charities and is passionate about supporting RMHC’s mission to assist families of children receiving care.

A big merci to the amazing staff at Ronald McDonald House Greater Western Sydney for their continued hospitality and heartwarming generosity.

23/07/2026

The orders made in Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 left a practical question hanging: If a sequestration (bankruptcy) order is set aside, what happens next, and who pays the legal costs that have built up over years of litigation?

Those “next steps” are dealt with in Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525. To learn more about the outcome of this case, read our article below:

By Harold Peng, a Solicitor of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. Ogbonna v CTI Logistics Ltd (No 8) [2025] FCA 1525 (3 December 2025) In October 2025, we published a case note on Ogbonna v CTI Logistics Ltd (No 7) [2025] FCA 1125 (“Ogbonna 7”), where the...

09/07/2026

The NSW Government has recently launched its ‘Housing Pattern Book’ and its new ‘Pattern Book Development Code’.

The Housing Pattern Book provides eight selected housing designs for eligible developments, which are subsidised during the six month launch period of the program. There has also been the development of a new Pattern Book Development Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, which allows for proposed developments using the Housing Pattern Book to be approved within a reduced timeframe.

This article will discuss these new initiatives in more detail:

What’s new On 16 July 2025, the NSW Government launched the Housing Pattern Book (Pattern Book) and a new Pattern Book Development Code in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (Codes SEPP 2008). The initiative provides a ten-day approval pathway for...

25/06/2026

Where an integrated development has been engaged, it is essential to ensure that the correct deemed-refusal period is applied and verified before filing.

This article discusses the practical implications of the decisions in Maule v Liporoni [2002] NSWLEC 25 and Artmade Architectural Pty Ltd v Central Coast Council [2025] NSWLEC 1249 where the “opt-in” approach to integrated developments was considered.

Key points In a recent Land and Environment Court (LEC) decision, the LEC treated a development application (DA) as integrated development even though the applicant did not elect it to be processed as such. For years, practitioners have treated the integrated development scheme in Div 4.8 of Pt 4 of...

11/06/2026

When determining a modification application under the Environmental Planning and Assessment Act 1979 (NSW), it is essential for Council to take into account all relevant controls, including a Development Control Plan (DCP).

This article considers the case of Ross v Randwick City Council [2025] NSWLEC 89, where a modified consent had been issued despite non-compliance with an updated DCP. The Court affirmed that while there is some flexibility in applying DCP provisions, Council must show evidence that they gave weight to the applicable control and give its reasons if they wish to depart from it.

In the recent Land and Environment Court (LEC) decision of Ross v Randwick City Council [2025] NSWLEC 89, Justice Pritchard confirmed that a development control plan (DCP) is a mandatory consideration when determining modification applications under the Environmental Planning and Assessment Act 1979...

28/05/2026

Before issuing a Prevention Notice, it is essential for Council to conduct an independent investigation to gauge ‘reasonable suspicion’.

This article considers the recent decision in Doon v Snowy Valleys Council [2025] NSWLEC 1514, clarifying that complaints alone cannot justify the issuing of a prevention notice, and Council must rely on objective evidence to determine whether the noise constitutes ”offensive noise”.

A recent decision of the Land and Environment Court in Doon v Snowy Valleys Council [2025] NSWLEC 1514, confirms that the ‘reasonable suspicion’ required to issue a Prevention Notice under the Protection of the Environment Operations Act 1993 (POEO Act) is not arbitrary and must be based on obje...

07/05/2026

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW examined whether its inherent jurisdiction was needed to provide judicial advice to an administrator of a deceased estate when considering family provision claims, or whether the Court could rely upon section 63 of the Trustee Act 1925 (NSW), given the Administrator’s position as a Trustee (as defined under that Act). The case also considers in a summary fashion the approach to applications for advice.

Read our article on this decision:

In the recent decision of Estate of Wilson [2025] NSWSC 1056, the Supreme Court of NSW considered whether it should exercise its inherent jurisdiction to provide judicial advice to an independent administrator, in the context of a family provision claim. This case clarifies the Court’s approach to...

23/04/2026

The decision in Cooper v Official Receiver [2025] FCA 1155 is a first of its kind, where a bankruptcy trustee sought a review of the bankruptcy regulator’s refusal to issue a statutory notice. To understand the importance of the decision in Cooper v Official Receiver [2025] FCA 1155, read our article.

By Amelia Fearnside and Parnia Firouzabadi, Law Clerks of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. In a decision which appears to be the first of its kind, a bankruptcy trustee has taken the bankruptcy regulator to Court to overturn its refusal to issue a statutory...

09/04/2026

Ordinary unsecured creditors are normally at the back of the queue and share rateably in the leftover amounts for distribution in insolvency. However in both corporate and personal insolvency it is possible to apply to Court to jump the queue in the right circumstances.

The case of Ford Kinter & Associates Pty Ltd v Reliance Franchise Partners Pty Ltd (in liq) [2025] FCA 139 is an example of how the Court recognises and rewards unsecured creditors who take risks to assist in the recovery of assets in an insolvent administration.

Read our article on this decision:

By Lara Wehbe a Law Clerk of Matthews Folbigg, in our Insolvency, Restructuring and Debt Recovery Group. In an insolvent winding up, by definition there are not enough assets to go around. Priority of payment is paramount, however ordinary unsecured creditors are, ordinarily, last in the queue. The....